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Every applicant for a license to maintain, operate or conduct a massage establishment shall file an application under oath with the City upon a form provided by the Department of Public Safety and pay a nonrefundable annual license fee, which shall be one hundred dollars ($100.00) per year or any part thereof. The application once accepted shall be referred to the Department of Public Safety for investigation. Copies of the application shall within five days also be referred to the Building Department, the Fire Department and the Health Department. The Departments shall within thirty days inspect the premises proposed to be operated as a massage establishment and shall make written verification to the Department of Public Safety concerning compliance with the codes of the City and State of Ohio that they administer. The application shall further be referred to the Police Department for investigation of the applicant’s character and qualifications. Each application shall contain the following information:
(a) A definition of service to be provided.
(b) The location, mailing address and all telephone numbers where the business is to be conducted.
(c) The name and residence address of each applicant (hereinafter all provisions which refer to the applicant which may be a corporation or partnership).
(1) If the applicant is a corporation, the names and residence addresses of each of the officers and directors of said corporation and of each stockholder owning more than ten percent (10%) of the stock of the corporation itself, if different from the address of the massage establishment.
(2) If the applicant is a partnership, the names and residence addresses of each of the partners including limited partners, and the address of the partnership itself, if different from the address of the massage establishment.
(d) The two previous addresses immediately prior to the present address of the applicant.
(e) Proof that the applicant is at least eighteen years of age.
(f) Individual or partnership applicant’s height, weight, color of eyes and hair and sex.
(g) Copy of identification such as a driver’s license and social security card.
(h) One portrait photograph of the applicant at least two inches and a complete set of applicant’s fingerprints which shall be taken by the Chief of Police or his agent. If the applicant is a corporation, one portrait photograph at least two inches by two inches of all officers and managing agents of said corporation and a complete set of the same officers’ and agents’ fingerprints which shall be taken by the Chief of Police or his agent. If the applicant is a partnership, one front-face portrait photograph at least two inches by two inches in size of each partner, including a limited partner in said partnership, and a complete set of each partner or limited partner’s fingerprints which shall be taken by the Chief of Police or his agents.
(i) Business, occupation or employment of the applicant for the three years immediately preceding the date of application.
(j) The massage or similar business license history of the applicant; whether such person, in previously operating in this or another city or state has had a business license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation.
(k) All criminal convictions other than misdemeanor traffic violations, including the dates of convictions, nature of the crimes and place convicted.
(l) The name and address of each massagist who is or will be employed in said establishment.
(m) Applicant must furnish a diploma or certificate of graduation from a recognized school or other institution of learning wherein the method, profession and work of massage is taught, provided however, that if the applicant will not himself engage in the practice of massage as defined herein, he need not possess such diploma or certificate of graduation from a recognized school or other institution of learning wherein the method, profession and work of massage is taught.
(n) The name and address of any massage business or other establishment owned or operated by any person whose name is required to be given in subsection (c) hereof wherein the business or profession of massage is carried on.
(o) A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant.
(p) Authorization for the City, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit.
(q) Such other identification and information necessary to discover the truth of the matters hereinbefore specified as required to be set forth in the application.
(r) The names, current addresses and written statements of at least three bonafide permanent residents of the United States that the applicant is of good moral character. If the applicant is able, the statement must first be furnished from residents of the City, then the County, then the State of Ohio and lastly from the rest of the United States. These references must be persons other than relatives and business associates.
Upon completion of the above provided form and the furnishing of all foregoing information the Department of Public Safety shall accept the application for the necessary investigations. The holder of a massage establishment license shall notify the Department of each change in any of the data required to be furnished by this section within ten days after such change occurs. (Ord. 67-79. Passed 4-2-79.)
Application for a massagist’s business permit shall be made to the Department of Public Safety in the same manner as provided above for massage establishment licenses, accompanied by the annual nonrefundable massagist’s permit fee of seventy-five dollars ($75.00) per year or part thereof. Massagists who have already paid the permit fee for the current six month period shall not be required to pay an additional fee hereunder. The application shall contain but not be limited to the following:
(a) The business address and all telephone numbers where the massage is to be practiced.
(b) Name and residence address, and all names, nicknames and aliases by which the applicant has been known, including the two previous addresses immediately prior to the present address of the applicant.
(c) Social security number, driver’s license number, if any, and date of birth.
(d) Applicant’s weight, height, color of hair and eyes, and sex.
(e) Written evidence that the applicant is at least eighteen years of age.
(f) A complete statement of all convictions of the applicant for any felony or misdemeanor or violation of a local ordinance, except misdemeanor traffic violations.
(g) Fingerprints of the applicant taken by the Police Department.
(h) Two front-face portrait photographs taken within thirty days of the date of application and at least two inches by two inches in size.
(i) The name and address of the recognized school attended, the dates attended and a copy of the diploma or certificate graduation awarded the applicant showing the applicant has completed not less than seventy hours of instruction. For persons presently employed as a masseur or masseuse in the City, this section shall not apply until May 30, 1979; present employment shall be established by sworn affidavit from the employer; after which time such person must be actively engaged, enrolled or participating in a course of study designed to fulfill the requirements of this section and which is certified to by an official of the approved school. The burden of establishing such active engagement, enrollment or participation shall be upon the person seeking a permit herein. For persons not so employed, this section shall be effective upon passage, and permits for any persons shall be revoked on April 30, 1979, unless those persons presently employed are pursuing the study set forth by that date. In no event shall any person within the purview of this chapter act as aforesaid without satisfying the training requirement set forth within the City after May 30, 1979.
(j) The massage or similar business history and experience ten years prior to the date of application, including but not limited to whether or not such person in previously operating in this or another city or state under license or permit has had such license or permit denied, revoked, or suspended and the reasons therefor, and the business activities or occupations subsequent to such action or denial, suspension or revocation.
(k) The names, current addresses and written statements of at least five bonafide permanent residents other than relatives, of the United States that the applicant is of good moral character. If the applicant is able, the statement must first be furnished from residents of the City, then the County, then the State of Ohio, and lastly from the rest of the United States.
(l) A medical certificate signed by a physician, licensed to practice in the State of Ohio, within seven days of the date of the application. The certificate shall state that the applicant was examined by the certifying physician and that the applicant is free of communicable disease. The additional information provided by this subsection shall be provided at the applicant’s expense.
(m) Such other information, identification and physical examination of the person deemed necessary by the Police Chief in order to discover the truth of the matters hereinbefore required to be set forth in the application.
(n) Authorization for the City, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit.
(o) Written declaration by the applicant, under penalty of perjury, that the foregoing information contained in the application is true and correct, said declaration being duly dated and signed in the City.
(Ord. 67-79. Passed 4-2-79.)
The City shall issue a license for a massage establishment or a permit for a masseur or masseuse, after ratification by the Director of Public Service and Safety, if all requirements for a massage establishment or massagist permit described in this chapter are met unless it finds:
(a) The correct permit or license fee has not been tendered to the City, application for a license or permit under this chapter within a reasonable period of time and in no event shall the City of Lorain act to approve or deny said license or permit later than 90 days from the date that said application was accepted by the Department of Public Safety. Every license or permit issued pursuant to this chapter will terminate at the expiration of one year from the date of its issuance unless sooner suspended or revoked.
(Ord. 67-79. Passed 4-2-79.)
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